Bowers v. Northwestern Realty Ltd. Partnership

The plaintiff alleges that she slipped and fell on an oily substance on the steps of an interior stairway in the apartment building in which she resided, which is owned by the defendant. After joinder of issue, the defendant moved for summary judgment dismissing the complaint on the ground that it did not create or have actual or constructive notice of the allegedly hazardous condition. In support of its motion, the defendant relied, in pertinent part, on the deposition testimony of the plaintiff and the building’s porter. Notably, at her deposition, the plaintiff testified that the substance…